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TMI Blog2015 (2) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... 29th August, 2013 passed by a learned Single Judge of the High Court of Delhi whereby the High Court has dismissed T.P. (Crl.) No. 31 of 2013 filed by the Appellant seeking transfer of Sessions Case No. 1006 of 2009 from the Court where it is presently pending to any other Sessions Court at Rohini or Tis Hazari. 3. Sessions Case No. 1006 of 2009 arises out of FIR No. 156/2008 registered at P.S. Mukherjee Nagar for commission of offences punishable Under Sections 323/354 of the Indian Penal Code and Sections 3(i)(X)(XI)(XV) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989. Additional Sessions Judge, Rohini, before whom the matter is currently pending, appears to have heard the parties on the question of fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court seeking transfer of the case to any other Court competent to try the same outside Rohini District. That application, as noticed above, has been dismissed by the High Court in terms of the order impugned in the present appeal primarily on the ground that the order passed by the High Court has made it sufficiently clear that the observations made in the order passed by the trial Court shall not influence any fresh order which the said Court may pass pursuant to the remand made by the High Court. The High Court has also observed that the complainant (Appellant herein) had while filing Crl. R.P. No. 242 of 2010 against the discharge order expressed no apprehension nor sought transfer of the case from the Court where it is pending to any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court concerned create a reasonable apprehension in the mind of the litigant that the Court has so committed itself to a given approach or thought process that it may not be possible for it to retrace its steps to take a fair and non-partisan view in the matter. The present appears to be one such case where despite the safeguards provided by the High Court's observations, the apprehension of the complainant continues to subsist. We do not think that such apprehension is wholly misconceived nor can it be dubbed as forum shopping in disguise. The earlier order passed by the trial Court is so strongly worded that it could in all likelihood give rise to a reasonable apprehension in the mind of the complainant which cannot be lightly brushed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall stand transferred from that Court to the Court of Sessions Judge, Tis Hazari, who shall try the same himself or make it over to any other Court duly notified and competent to do so. Record of the case shall be transmitted to the transferee Court expeditiously. R. Banumathi, J. 8. I have had the benefit of going through the judgment proposed by his Lordship Justice T.S. Thakur. For the reasons which I have indicated below, I am unable to agree with the proposed final decision and in my view, the present appeal is liable to be dismissed. 9. The Appellant seeks transfer of Sessions Case No. 1006/2009 arising out of FIR No. 156/2008 registered at Police Station Mukherjee Nagar, Delhi. As per the allegations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a pre-conceived notion. 10. We have heard the learned Counsel for the Appellant and Ms. Pinky Anand, learned Additional Solicitor General of India for Respondent No. 1 and Ms. Susmita Lal, learned Counsel for Respondent Nos. 2 to 10. 11. An application for transfer of a case pending against the accused cannot be permitted merely because the learned Sessions Judge had made certain observations and recorded finding in the earlier order dated 22.3.2010 while allowing the discharge petition. The said order dated 22.3.2010 was set aside by the High Court and the matter was remanded to the Sessions Court to consider the matter afresh being uninfluenced by any observation made in the earlier order. When the earlier order has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elaying the matter. 14. In considering the transfer application, it is to be kept in mind that whether a litigant could reasonably apprehend a bias attributable to a presiding Judge. Transfer of a case from one court to another has serious effects on the Judge from whom the case is sought to be transferred. Mere presumptions or possible assumptions are not sufficient for transfer of a case. Only on good and sufficient grounds a transfer can be ordered. In my considered view, the Appellant has not made out any good and sufficient ground for transfer. 15. It is also pertinent to note that any casual observations made by a presiding officer of trial court would not be a sufficient ground for transfer for the reason that the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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